Why are so many DLA Piper employees certified in compliance? The risk of improper billing. David Piatt and Kelly Willenberg

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1 Compliance TODAY April 2013 a publication of the health care compliance association Why are so many DLA Piper employees certified in compliance? See page What every compliance officer should know about payment changes for 2013 Janice A. Anderson and Joseph T. Van Leer 33 The risk of improper billing David Piatt and Kelly Willenberg 39 To be or not to be a business associate Martha Ann Knutson 47 Taking the mystery out of RAT-STATS: Simplified approach Matthew A. Wagonhurst This article, published in Compliance Today, appears here with permission from the Health Care Compliance Association. Call HCCA at with reprint requests.

2 Frank Sheeder, JD, CCEP Partner, DLA Piper an interview by Roy Snell, CHC, CCEP F Frank Sheeder s commitment to compliance certification This interview with Frank Sheeder (frank.sheeder@dlapiper.com) was conducted by HCCA and SCCE Chief Executive Officer Roy Snell corporatecompliance.org) in the first quarter of To date, 4,690 individuals have achieved CHC certification and more than 2,360 have achieved the Certified Compliance and Ethics Professional (CCEP) certification offered through the Compliance Certification Board (CCB). RS: Frank, thank you for taking the time for this interview. Would you give us a general overview of your background in Compliance and health care? FS: Sure. I began practicing law in Dallas in 1987, just as the savings and loan crisis began. Working on that litigation required me to deal with government regulators and enforcers on a regular basis. As that wound down, my mentor counseled me to become a health care enforcement and compliance attorney, which is where this journey began. The more I learned, the more I became passionate about helping providers to follow the rules and defending them when someone says they aren t. RS: How has your career evolved since you made that decision? FS: As you and I have discussed many times, Compliance has been very good to me. At first, my fellow attorneys were

3 skeptical about what I was trying to do. Undeterred, and probably in an effort to prove them wrong, I spent a lot of time learning about compliance, getting involved in HCCA, and surrounding myself with people who shared my passion for compliance. The path has been an excellent one. I ve been blessed with a great group of colleagues and a wonderful law practice. I was honored to serve as the immediate past President of HCCA and I m the Chair of the Health Care Enforcement and Compliance practice at one of the largest firms in the world, DLA Piper. There are more than 30 core members of our team, not counting all of the attorneys in allied disciplines. My involvement in HCCA has been vital to these accomplishments. We work with compliance professionals across the country who have the CHC credential, and we believe it is important for us to have the same status. RS: I understand that you have six attorneys in your practice who are Certified in Healthcare Compliance (CHC), and that you are a Certified Ethics and Compliance Professional (CCEP). Why did you and your colleagues decide to become certified? FS: It s simple. We are committed to health care compliance, as a team and individually. We work with compliance professionals across the country who have the CHC credential, and we believe it is important for us to have the same status. Our passion for serving health care clients runs really deep. I should note that I have the CCEP credential because I was once on the committee that helped to draft some of the CHC exam questions. I wanted to have the full certification experience, so I sat for the CCEP, which is like the CHC but it is not focused on one industry. RS: For the six attorneys on your team who are CHCs, can you tell us more about them who they are, their practice areas, and why they sought compliance certification? FS: As I mentioned, our passion goes beyond just being health care attorneys. Compliance is also a huge part of what each of us does and enjoys personally. Doreen Bartlett has a Masters in Nursing, has been in-house counsel for a health system, and is a former compliance officer. She has been in our clients shoes and can bring experience from each of these perspectives to challenging issues. Lara Compton was in-house counsel at a health system and understands the demands placed on our clients. Before becoming an attorney, she was a staff researcher in a university laboratory. Becca McKnight has been active in our firm s Clinical Trials Working Group, works extensively on FDA matters, and edits our health care compliance and general health care blogs. Leslie Murphy is a Certified Coding Specialist, and she brings that experience to bear on compliance matters daily. Brad Smyer was an EMT before going to law school, and he clerked for a Senior United States District Judge. He helps us to keep abreast of legal developments that are critical to our clients, like new enforcement theories and Administrative Law Judge decisions involving Recovery Audit Contractors

4 Keri Tonn has a Master of Science in Health Care Administration and was the editor of a health care law journal. Before becoming a health care attorney, she was the assistant vice president of a children s hospital. She continues to dedicate a great deal of volunteer time to women s and children s health issues. I m extremely proud of this team and their commitment to compliance and the health care industry, and am humbled to be among such accomplished colleagues. RS: What is the benefit to you and your colleagues at DLA Piper of being CHC certified? FS: Having the same credentials as our clients helps us to see things from their perspective. They recognize and appreciate our commitment to, and passion for, compliance. Also, I understand that we have more CHCs than any other law firm this sets us apart as a market leader in health care compliance. I m biased, but I don t think you ll find a better health care compliance team. Having the same credentials as our clients helps us to see things from their perspective. They recognize and appreciate our commitment to, and passion for, compliance. Also, I understand that we have more CHCs than any other law firm this sets us apart as a market leader in health care compliance. RS: It seems like a novel approach for a law firm to support an industry certification. I wonder, was it hard to sell DLA Piper on this commitment? FS: Not at all. In fact, it was just the opposite. Our firm has long been committed to assisting health care clients, especially in the compliance realm. We are a corporate member of HCCA. The Global Chair of our firm and other senior leaders developed a vision for a dedicated health care enforcement and compliance practice as they were bringing me aboard. We enjoy considerable support and encouragement. Ensuring that our attorneys have the right compliance credentials has been a natural component of our collective vision and it has contributed to our strong growth. RS: Do your clients appreciate that so many of you are certified in compliance? FS: Absolutely. As you know, a lot of folks say they know something about compliance. With this

5 credential, our clients recognize that maybe we really do. RS: Would you suggest that other practicing attorneys also seek to become Certified in Healthcare Compliance and if so, why? FS: Yes. Having a CHC certainly helps when we make hiring decisions. And of course, there s no doubt that this is a great practice area and that any attorney who wants to be serious about it should consider becoming certified. It s not a practice in which one can dabble there s too much at stake. RS: How did you and your colleagues prepare for the CHC and CCEP certification exams? FS: In several ways. We have participated in HCCA and attended conferences, teleconferences, and other programs for a long time. We also read Compliance 101 and completed the practice questions. We studied the OIG Compliance Program Guidance materials and other key pronouncements. And we helped one another. By the way, attending an HCCA Academy is an excellent way to prepare for the exam. RS: On a personal note, what was the last good book you read? FS: The latest one was, What on Earth Am I Here For? by Rick Warren. There are a lot of things I want to do, and I want to be intentional about them. RS: Thanks, Frank, for your time. FS: You re welcome, Roy. It s always great to have an opportunity to discuss this passion. SCCE/HCCA Board of Directors EXECUTIVE COMMITTEE Shawn Y. DeGroot, CHC-F, CCEP, CHRC SCCE/HCCA President Associate Director, Navigant Consulting, Denver, CO John Falcetano, CHC-F, CIA, CCEP-F, CHRC, CHPC, CICA SCCE/HCCA Vice President Chief Audit/Compliance Officer, Vidant Health, Greenville, NC Gabriel L. Imperato, JD, CHC SCCE/HCCA Second Vice President Managing Partner, Broad and Cassel, Fort Lauderdale, FL Sara Kay Wheeler, JD, CHC SCCE/HCCA Treasurer Partner, Attorney at Law, King & Spalding, Atlanta, GA Urton Anderson, PhD, CCEP SCCE/HCCA Secretary Clark W. Thompson Jr. Professor and Chair in Accounting Education, McCombs School of Business, The University of Texas at Austin, Austin, TX Sheryl Vacca, CHC-F, CHRC, CCEP, CHPC, CCEP-I Non-Officer Board Member Senior Vice President and Chief Compliance and Audit Officer, University of California, Oakland, CA Frank Sheeder, JD, CCEP SCCE/HCCA Immediate Past President Partner, Attorney at Law, DLA Piper, Dallas, TX Ex-Officio Executive Committee Roy Snell, CHC, CCEP-F Chief Executive Officer, SCCE/HCCA, Minneapolis, MN Keith Halleland, Esq., CCEP, CHC SCCE/HCCA Legal Counsel Halleland Habicht, PA, Minneapolis, MN Board Members Deann M. Baker, CHC, CCEP, CHRC Sutter Care at Home Compliance Officer, Sutter Health, Fairfield, CA Catherine Boerner, JD, CHC President, Boerner Consulting, LLC, New Berlin, WI Brian G. Flood, JD, CHC, CIG, AHFI, CFS Partner, Brown McCarroll, Austin, TX Margaret Hambleton, MBA, CPHRM, CHC, CHPC Senior Vice President, Ministry Integrity, Chief Compliance Officer, St. Joseph Health System, Orange, CA Debra Hinson, MBA, RRT, CHC, CCEP, CHRC President & CEO, Compliance Consultants, Inc., Mineral Bluff, GA Robert A. Hussar, JD, CHC Counsel, Manatt, Phelps and Phillips, Albany, NY Jenny O Brien, JD, CHC, CHPC Chief Medicare Compliance Officer, UnitedHealthcare Medicare & Retirement, Minnetonka, MN Robert H. Ossoff, DMD, MD, CHC Assistant Vice-Chancellor for Compliance & Corporate Integrity, Vanderbilt University Medical Center, Nashville, TN Daniel Roach, JD Vice President, Compliance and Audit, Dignity Health, San Francisco, CA Lori Strauss, RN, MSA, CPC, CPC-H, CHC, CHP, CHPC Chief Corporate Compliance & Privacy Officer, University of Virginia Health System, Charlottesville, VA Debbie Troklus, CHC-F, CCEP-F, CHRC, CHPC, CCEP-I Managing Director, Aegis Compliance and Ethics Center, Chicago, IL